MR. JUSTICE BREWER, after stating the case, delivered the opinion of the court.
The motion to remand was properly sustained. No removal could be had under the act of March 3, 1875, 18 Stat. 470, c. 137, because the application was not made before or at the term at which said cause could be first tried. The case had been once tried in the Circuit Court, and thereafter reversed on appeal by the Supreme Court of the State.
Neither could it be removed on the ground...
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